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Concurral and Dissental

These two new terms, referring to a concurrence in the denial of rehearing en banc and a dissent from the denial of rehearing en banc, were minted by my former boss, Chief Judge Alex Kozinski, and are now apparently being used by some Ninth Circuit judges. Above the Law is now running an online poll about them; David Lat dislikes them on aesthetic grounds, but I don’t share his aesthetic judgment on this and find the words to be useful. In any case, if you run across the terms, you’ll know what they mean.